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NAVY | DRB | 2002_Navy | ND02-00400
Original file (ND02-00400.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-EM3, USN
Docket No. ND02-00400

Applicant’s Request
The application for discharge review, received 020221, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The Applicant listed the American Legion as the representative on the DD Form 293. In the acknowledgement letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the narrative reason for separation, but no impropriety or inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change, but the narrative reason for separation shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/SECRETARIAL PLENARY AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164, and the Separation Code to “JFF.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. (Equity Issue) This former member proffers that his Posttraumatic Stress Disorder diagnosed while he was in service contributed to and sufficiently mitigated his misconduct of record to warrant upgrade of his characterization of service to fully honorable.

2. (Propriety Issue) This former member further avers that his narrative reason for discharge designation, personality disorder, was incorrectly assigned and warrants amendment to secretarial authority.

3. (Equity Issue) This former member finally requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214
Twenty-seven pages from Applicant 's service record
Decision from Department of Veterans Affairs dated December 27, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980217 - 980728  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980729               Date of Discharge: 010430

 Length of Service (years, months, days):

         Active: 02 09 02
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: EM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 4.00 (2)                OTA: 3.44

 Military Decorations: None

 Unit/Campaign/Service Awards: HSM, AFEM, SSDR

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

010111:  MO note: A: R/O avoidant personality disorder. R/O social anxiety disorder.

010126:  Fleet Mental Health Unit: Referred for several year history of anxiety in social situations. Diagnosis: Axis I: Posttraumatic stress disorder. Axis II: Deferred. Recommendations: A: Educating regarding diagnosis and disposition. Indicated an understanding of same. B. Fit for full duty and responsible for his actions. C. To attend severe anxiety disorder group (PTSD) at MCRD. D. To follow up with doctor in 1-2 weeks. E. Have new med eval with FMHU psychiatrist ASAP.

010130:  Fleet Mental Health Unit: Referred by doctor for anxiety med eval. DX: Axis I: PTSD, social phobia, specific phobia of electrocution. Axis II: deferred. Axis III: R/O thyroid disorder.

010308:  Mental Health Clinic: Assessment: Axis I: PTSD; social phobia; specific phobia.

010320:  Retention Warning: Advised of deficiency (Dereliction in the performance of duties), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010320:  NJP for violation of UCMJ, Article 92: Dereliction in the performance of duties.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 21 days, reduction to EMSN. Reduction suspended for 6 months. No indication of appeal in the record.
010403:  Applicant referred for mental health evaluation.

 010406:  Naval Medical Center: Diagnosis: S/P: jump from ship. Convalescent leave for 30 days at TPU.

010409:  Applicant diagnosed with posttraumatic stress disorder. The psychiatrist recommended separation based on his opinion that the Applicant was incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others. Doctor recommended separation IAW MILPERSMAN Article 1910-120, COG-Physical or Mental Conditions.

010426:  Applicant acknowledged receipt of referral and indicated elections.

 010426:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.
010426:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit a statement.
010427:  DD Form 2697: Health Care Provider Comments: …depression - PTSD dx by psychiatry 1/01. Began on Paxil 20 mg QD; pt has done well, should continue medications and supportive ongoing psychotherapy.
010430:  Separation examination: PTSD - stable on meds - fit for separation per psychiatry. Qualified for separation: Continue psychotherapy for PTSD.

010430:  Commanding Officer recommended discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010430 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the narrative reason for the discharge was not proper but the discharge was otherwise equitable (C and D).

Issue 1. The Applicant properly and equitably received a general (under honorable conditions) characterization of service. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and an adverse counseling entry on another occasion. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

 Issue 2. The Board found that the Applicant was not properly processed for separation. There was no diagnosis of a personality disorder. The Applicant should have been separated based upon Article 1910-120, Convenience of the Government – Physical or Mental Conditions. Since the Applicant was not processed for separation for convenience of the government due to his diagnosis of PTSD, the Board voted to change the narrative reason for separation to Secretarial Authority.

 Issue 3. There is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant did not provide sufficient documentation to warrant an upgrade to his discharge. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s).

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.
The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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